The differences between Articles 358 and 359
can be summarised as follows:

1. Article 358 is confined to Fundamental Rights under Article
19 only whereas Article 359 extends to all those Fundamental
Rights whose enforcement is suspended by the Presidential Order.

2. Article 358 automatically suspends the fundamental rights
under Article 19 as soon as the emergency is declared. On the other hand, Article 359 does not automatically suspend any
Fundamental Right. It only empowers the president to suspend the enforcement of
the specified Fundamental Rights.

3. Article 358 operates only in case of External Emergency (that is, when the emergency is declared on the
grounds of war or external aggression) and not in the case of Internal
Emergency (ie, when the Emergency is declared on the ground of armed
rebellion). Article
359, on the other hand, operates in case of both External Emergency as well as
Internal Emergency.

4. Article 358 suspends Fundamental Rights under Article 19 for
the entire duration of Emergency while Article 359 suspends the enforcement of Fundamental Rights
for a period specified by the president which may either be the entire duration
of Emergency or a shorter period.

5. Article 358 extends to the entire country whereas Article 359 may extend to the entire country or a part of
it.

6. Article 358 suspends Article 19 completely while Article 359 does not empower the suspension of
the enforcement of Articles 20 and 21.

7. Article 358 enables the State to make any law or take any
executive action inconsistent with Fundamental Rights under Article 19 while Article 359 enables the State to make any law or take any
execufive action inconsistent with those Fundamental Rights whose enforcement
is suspended by the Presidential Order. There is also a similarity between Article
358 and Article 359. Both provide immunity from challenge to only those laws
which are related with the Emergency and not other laws. Also, the executive
action taken only under such a law, is protected by both.